The President, Children’s Court of Western Australia has directed that the Department for Child Protection and Family Support (CPFS) and all parties to the protection proceedings attend a Review Hearing in relation to cases which have a future trial listing.
The Court is now listing trial dates into mid 2017. There are a number of cases, which for a range of reasons, do not proceed on their allocated date. It is timely that a review of all cases listed for trial be held. This may provide for earlier listing dates to be offered to those cases requiring a trial, as cases are vacated due to successful negotiated settlements.
There will be an opportunity to make a final effort to resolve the issues, to avoid the need for a trial.
If all of the issues can’t be resolved, the aim is to reduce the issues in dispute and the number of hearing days for the trial. This will also reduce the costs associated to the trial.
The President will personally conduct the Review Hearings in courtroom 4 each Monday and Wednesday, commencing on Monday 5 September 2016. The listings will be scheduled at 1:30pm and 2:30pm. Each list will contain four (4) cases. It is proposed that there will be eight (8) Review Hearing Lists comprised of matters currently listed for trial between October 2016 and January 2017. Each case will be allocated approximately 15 minutes.
As multiple matters will be listed for a Review Hearing at specific times on the same day, it is important that parties arrive on time for their allocated hearing.
All parties are required to attend the hearing personally, unless excused in advance by the President. If a party has a lawyer, the lawyer is also expected to attend, fully instructed in relation to the legal position for the case.
All parties are encouraged to start further negotiations in relation to the matters remaining in dispute prior to the review hearing.
The President requires that all parties:
If you have not filed any documents prior to the Review Hearing and, it is determined at the Review Hearing that the trial will proceed, orders may be made for the filing of responding documents and affidavit evidence in support of your case.
The President will make the necessary procedural orders at the scheduled Review Hearing.
Last updated: 19-Aug-2016
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